COMMISSION STAFF WORKING DOCUMENT 2022 Rule of Law Report Country Chapter on the rule of law situation in the Netherlands Accompanying the document Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions 2022 Rule of Law Report The rule of law situation in the European Union
Date: 2022-07-13
Institutions: European Commission, Secretariat-General
Subjects: Netherlands, coronavirus disease, corruption, democracy, epidemic, independence of the judiciary, infringement of EU law, pluralism in the media, political rights, rule of law

EN 

  EN 

   EUROPEAN COMMISSION  Luxembourg, 13.7.2022  SWD(2022) 519 final  COMMISSION STAFF WORKING DOCUMENT 2022 Rule of Law Report         Country Chapter on the rule of law situation in the Netherlands Accompanying the document Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions 2022 Rule of Law Report           The rule of law situation in the European Union {COM(2022) 500 final} - {SWD(2022) 501 final} - {SWD(2022) 502 final} - {SWD(2022) 503 final} - {SWD(2022) 504 final} - {SWD(2022) 505 final} - {SWD(2022) 506 final} - {SWD(2022) 507 final} - {SWD(2022) 508 final} - {SWD(2022) 509 final} - {SWD(2022) 510 final} - {SWD(2022) 511 final} - {SWD(2022) 512 final} - {SWD(2022) 513 final} - {SWD(2022) 514 final} - {SWD(2022) 515 final} - {SWD(2022) 516 final} - {SWD(2022) 517 final} - {SWD(2022) 518 final} - {SWD(2022) 520 final} - {SWD(2022) 521 final} - {SWD(2022) 522 final} - {SWD(2022) 523 final} - {SWD(2022) 524 final} - {SWD(2022) 525 final} - {SWD(2022) 526 final} - {SWD(2022) 527 final}  
 
 
ABSTRACT 

The justice system of the Netherlands continues to be characterised by a high level of perceived 
judicial independence, and reforms to further strengthen judicial independence are expected to 
move forward, including as regards the appointment procedures of members of the Supreme 
Court and of the Council for the Judiciary. As regards quality of justice, efforts to improve the 
level of digitalisation of the justice system continue and more jurisprudence is to be published 
online. Additional funds are being allocated to the system for legal aid, and the Government 
has announced the reduction of court fees for citizens and SMEs. The efficiency of the justice 
system remains high overall but has somewhat declined for first-instance administrative cases. 
Backlogs in criminal cases due to the COVID-19 pandemic have been reduced significantly, 
while some concerns remain regarding elements of the approach.  

The  Netherlands  continues  to  be  perceived  as  one  of  the  least  corrupt  countries  in 
the  EU  and  the  world.  Multiple  networks  ensure  coordination  of  the  anti-corruption  policy 
across  the  Government.  Combating  the  infiltration  of  public  institutions  through  corruption 
remains  a  strategic  priority  for  the  authorities  as  part  of  their  programme  on  combatting 
subversive organised crime.  Investigation and prosecution of corruption  cases  are  effective, 
although some obstacles are reported when handling foreign bribery cases. Legislation on the 
screening of police officers and external consultants hired by the police during their career has 
not  yet  entered  into  force,  as  implementing  legislation  remains  pending.  Developments  are 
ongoing in relation to the integrity framework of the police, with new structures being set up. 
Changes to the integrity framework for local administrations are pending. The development of 
an  overall  code  of  conduct  for  ministers  and  state  secretaries  is  planned,  as  well  as  a  legal 
revision aimed to introduce stricter rules on revolving doors for these positions. The scope of 
the lobbying ban for former Government members was extended to include additional areas of 
responsibility, while the revision of political party financing legislation remains pending. 

Constitutional and legislative safeguards continue to underpin a high level of media freedom 
in the Netherlands, including through a functionally independent media regulator and a high 
level of independence of public service media governance and funding. The Open Government 
Act extends the scope of the right of access to information to constitutional bodies and broadens 
the  type  of  public  documents  which  should  be  proactively  disclosed,  while  providing  for 
shorter deadlines for responding to requests. The challenges previously identified with regard 
to transparency of media ownership and market concentration persist. The safety of individual 
journalists  is  an  issue  of  concern,  which  the  Government  has  continued  to  address  in  a 
determined manner. The Government continued to provide subsidies to mitigate the impact of 
the COVID-19 pandemic on the media until December 2021 and the pandemic has not had a 
significant adverse impact on the media market.  

All  three  state  powers  are  engaged  in  the  follow-up  to  the  childcare  allowances  affair,  and 
measures are envisaged to provide compensation and prevent similar situations from emerging 
in the future. A State Commission on the functioning of the rule of law is being established, 
and  amendments  to  strengthen  the  rule  of  law  in  the  Constitution  were  recently  adopted. 
Legislation is being prepared to introduce a permanent legal basis for adopting crisis measures. 
The landscape for civil society organisations continues to be open,  although some concerns 
remain regarding new legislation applicable to them.  

1 

 
 
RECOMMENDATIONS 

It is recommended to the Netherlands to: 

  Continue efforts to improve the level of digitalisation of the justice system, in particular as 

regards publication of judgments and digital solutions for court proceedings. 

  Complete  the  revision  of  rules  on  revolving  doors  involving  former  ministers  and  state 
secretaries, including a two-year cooling-off period and restrictions on paid activities.  
  Adopt  a  Code  of  Conduct  for  ministers  and  state  secretaries  including  rules  on  gifts, 

secondary activities and lobbying, as well as effective monitoring and sanctioning. 

  Continue efforts to ensure a comprehensive follow-up to the childcare allowances affair to 

address the potential structural issues, involving all relevant state authorities. 

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I. 

JUSTICE SYSTEM  

The justice system is based on a court system composed of 11 district courts, 4 general courts 
of  appeal,  2  specialised  courts1,  the  Administrative  Jurisdiction  Division  of  the  Council  of 
State2  and  a  Supreme  Court.  An  independent  Council  for  the  Judiciary  plays  a  key  role  in 
safeguarding the independence of the judiciary and is tasked with fostering the quality of the 
justice system, including allocating financial resources to courts3. Candidate judges are selected 
by the National Selection Committee for Judges4 and subsequently appointed for life by the 
executive5 on the proposal of the Minister of Justice6. The prosecution service is separate from 
the Ministry of Justice and Security but falls under the political responsibility of the Minister 
of Justice. The Netherlands Bar is established by law. It is independent from the Government 
and financed exclusively through lawyers’ annual contributions7. The Netherlands participates 
in the European Public Prosecutor’s Office (EPPO). 

Independence  

The level of perceived judicial independence in the Netherlands continues to be very high 
among the general public but has decreased from very high to high among companies. 
Overall,  77%  of  the  general  population  and  72%  of  businesses  perceive  the  level  of 
independence of courts and judges to be ‘fairly or very good’ in 20228. According to data in 
the 2022 EU Justice Scoreboard, the level has remained consistently high for the general public 
since 2016, but has decreased somewhat for companies, inverting a previously positive trend. 
The perceived judicial independence among the general public remains at the same level as in 
2021.  Among  businesses,  the  perceived  judicial  independence  is  lower  compared  to  2021 
(82%) and 2016 (75%).  

Several reforms to further bolster judicial independence are expected to move forward9. 
After  the  previous  Government  had  sent  a  draft  text  to  the  Council  of  State  for  advice  in 
December  2020,  the  new  Government  committed  itself  in  its  coalition  agreement  to  take 
forward the proposed constitutional revision to amend the appointment procedure of Supreme 
Court judges. Following the advice of the Council of State10, the Government is reflecting on 

1   The Central Appeal Tribunal and the Trade and Industry Appeals Tribunal. 
2   The Council also has an advisory branch, which renders opinions on draft legislation.  
3   This applies to 11 district courts, the 4 general courts of appeal and the 2 specialised courts. Law on Judicial 

Organisation. The Council for the Judiciary also gives advisory opinions on draft legislation.  

4   The National Selection Committee for Judges is composed of six judges and six non-judge members, among 

which at least one public prosecutor and one attorney. 

5   The appointment decision is adopted by Royal Decree, which is signed by the King and countersigned by the 
Minister of Justice and Security. The Minister solely verifies if the applicant fulfils the legal requirements to 
be appointed, and the Minister has in all cases followed the recommendation by the Council for the Judiciary. 
6   This procedure applies to candidate judges for the eleven district courts, the four general courts of appeal and 
the  two  specialised  courts.  Law  on  the  Legal  Status  of  the  Judiciary.  The  Council  for  the  Judiciary  has 
delegated this to the National Selection Committee for Judges. The Minister of Justice and Security has in all 
cases followed the recommendation by the Council for the Judiciary.  

7   Law on Lawyers. 
8   Figures 50 and 52, 2022 EU Justice Scoreboard. The level of perceived judicial independence is categorised 
as follows: very low (below 30% of respondents perceive judicial independence as fairly good and very good); 
low (between 30-39%), average (between 40-59%), high (between 60-75%), very high (above 75%). 
9   See 2021 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 2. 
10   The advice of the Council of State was issued in April 2021, and has recently been made public.  

3 

 
                                                 
the final form of the draft text11. The objective of the envisaged reform is to further limit the 
role of the legislative power in the appointment of Supreme Court judges12, which is consistent 
with  Council  of  Europe  recommendations13.  In  addition,  the  Government  intends  to  send  a 
legislative proposal on the integrity and independence of the judiciary to the Council of State 
for advice, following an online stakeholder consultation on the draft text. The proposal aims to 
abolish the possibility for judges to be members  of the national or European Parliament, as 
recommended  by  the  Group  of  States  against  Corruption  (GRECO)14,  and  to  introduce 
additional rules regulating the holding and disclosure of financial interests by judges and the 
implementation of an integrity policy by court management boards15. Lastly, draft legislation 
submitted by a Member of Parliament aims to abolish the power of the Minister of Justice to 
instruct the prosecution service to investigate or to prosecute in an individual criminal case16. 
The objective of further reinforcing the independence of the prosecution service is consistent 
with Council of Europe recommendations17. The draft bill is currently pending in Parliament.  

Amendments are being taken forward to further increase the role of the judiciary on the 
appointment  of  court  management  boards  and  to  strengthen  the  independence  of  the 
Council for the Judiciary. The new appointment procedure for members of court management 
boards, which aims to increase the role of judges and court staff18, is being evaluated by the 
Council  for  the  Judiciary  in  wide  consultation  with  other  stakeholders.  The  temporary 
agreement that established the new appointment procedure runs until the end of 2022, and the 
evaluation will lead up to a new agreement on a procedure for future appointments. Moreover, 
a fifth member will be appointed to the Council for the Judiciary19. Whereas currently two out 
of four members of the Council are judges, the intention is to reach a majority of judges on the 
Council  for  the Judiciary  by  increasing  the  number  of  Council  members  to  five,  with  three 
judges. Discussions are also being held on a revision of the appointment procedure, with the 
intention of increasing the transparency of the procedure and limiting the involvement of the 
Minister of Justice in the process20. The objective of these planned changes is to further limit 

11   For a detailed description of the recommendations of the independent State Commission in this regard, see 
2020  Rule  of  Law  Report,  Country  Chapter  on  the  rule  of  law  situation  in  the  Netherlands,  p.  3.  The 
Government  may  then  decide  to  submit  a  draft  law  to  Parliament,  where  it  has  to  be  approved  by  both 
Chambers. 

12   State Commission on the Parliamentary System in the Netherlands (2018), Democracy and the rule of law in 
equilibrium – final report of the State Commission on the Parliamentary System in the Netherlands. See also 
2021 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, pp. 2-3 and 2020 
Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 3. 

13   Recommendation CM/Rec(2010)12 of the Committee of Ministers of the Council of Europe, para. 47. 
14   GRECO recommended that a restriction on the simultaneous holding of the office of judge and that of member 
of  either  Chamber  of  Parliament  be  laid  down  in  law,  see  GRECO,  Fourth  Evaluation  Round  –  Second 
Addendum to the Second Compliance Report, The Netherlands (2021), paras. 29-33.  

15   Article 84(2) of the Law on Judicial Organisation provides that the Council for the Judiciary consists of at 

least three and at most five members.  

16   This power of the Minister of Justice to issue specific instructions to the prosecution service is accompanied 
by safeguards and not used in practice, see  2020 Rule of Law Report, Country Chapter on the rule of law 
situation in the Netherlands, pp. 4-5.  

17   See in particular Recommendation CM/Rec(2000)19 of the Committee of Ministers of the Council of Europe. 
18   See 2020 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, pp. 3-4, and 

2021 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 3. 

19   The objective of these proposed rules is to further strengthen guarantees for the independence, impartiality, 

and integrity of the judiciary.  

20   For  a  detailed  description  of  the  current  appointment  procedure,  see  2020  Rule  of  Law  Report,  Country 

Chapter on the rule of law situation in the Netherlands, pp. 3-4.  

4 

 
                                                 
the influence of the executive and legislative powers on the Council for the Judiciary, which is 
consistent with Council of Europe recommendations21. 

Increased efforts are made to ensure the safety of legal professionals. Following attacks on 
lawyers in recent years22 and a growing perception of lack of safety among members of the 
legal profession due to threats23, the Netherlands Bar has further increased its efforts to support 
lawyers in ensuring their safety. In coordination with the judiciary, prosecutors, and journalists, 
the  Netherlands  Bar  offers  resilience  trainings24  for  lawyers  as  well  as  free  safety  scans  of 
lawyers’  office  premises.  An  emergency  notification  system  has  also  been  established  for 
lawyers, prosecutors, and judges to notify the police in case of threats; the possibility of setting 
up a refuge for professionals who have been threatened in their professional practice is being 
considered25. These initiatives should be developed further over the course of 2022 and could 
serve  as  best  practices  for  ensuring  the  independent  functioning  of  lawyers  against  a 
background  of  increasing  threats  to  the  legal  profession.  As  regards  respect  for  legal 
professional privilege, a recent judgment in interlocutory proceedings found that in a situation 
in which large amounts of emails are ordered from service providers, a real danger exists that 
the  right  of  non-disclosure  could  be  breached  by  the  State  in  criminal  investigations26.  The 
Netherlands Bar will be involved in the development of a new manual on how to deal with the 
disclosure of sensitive information. 

Quality  

Efforts continue to improve the level of digitalisation of the justice system, including by 
increasing the  online  publication rate of judgments.  There remains  room to  improve the 
level of digitalisation of the justice system, in particular regarding digital solutions to initiate, 
conduct,  and  follow  proceedings27.  Currently,  less  than  30%  of  all  court  proceedings  are 
initiated digitally, and while over 90% of criminal cases are processed digitally, this is currently 
the case for less than 10% of civil and administrative cases. Various initiatives are implemented 
to improve the level of digitalisation in civil, administrative, and criminal cases, on the basis 
of  pilot  projects28.  In  particular,  projects  are  ongoing  to  improve  the  case  filing  system  for 
criminal  cases  within  the  four  courts  of  appeal  and  regarding  the  digitalisation  of  seizure 
requests, as well as regarding cases concerning insolvency. While the rate of online publication 
of court judgments also remains relatively low29, there are plans to increase this rate to 75% of 
all judgments over the next 10 years30. At the Supreme Court, litigants can initiate proceedings 
digitally before all chambers and, consult their files electronically.  

Steps  have  been  announced  to  further  improve  various  aspects  of  the  justice  system, 
including access to justice. The Government coalition agreement announced the intention to 

21   Recommendation CM/Rec(2010)12 of the Committee of Ministers of the Council of Europe, para 27.  
22   See 2020 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 15.  
23   Contribution from the Netherlands Bar for the 2022 Rule of Law Report and information received from the 

Netherlands Bar in the context of the country visit to the Netherlands.  

24   In which a high number of lawyers has already participated.  
25   If  set  up,  this  ‘Wijkplaats’  would  provide  a  quiet  shelter  to  share  negative  experiences  with  violence  and 

threats. 

26   East Brabant District Court, judgment of 22 March 2022.  
27   Figures 46 to 48, 2022 EU Justice Scoreboard.  
28   Input from the Netherlands for the 2022 Rule of Law Report. See also 2021 Rule of Law Report, Country 

Chapter on the rule of law situation in the Netherlands, pp. 3-4.  

29   The current publication rate is around 4%. Input from the Netherlands for the 2022 Rule of Law Report.  
30   Input from the Netherlands for the 2022 Rule of Law Report, p. 4.  

5 

 
                                                 
strengthen the entire justice system and improve access to justice, including through additional 
funding for criminal justice. Stakeholders have reported certain challenges regarding sufficient 
human resources for the justice system31. As regards access to justice, the coalition agreement 
foresees that justice will be made more accessible to individuals and SMEs by reducing court 
fees  by  25%.  While  concrete  plans  to  achieve  this  are  yet  to  be  announced,  an  earlier  law 
reduced court fees for relatively small claims from 1 January 2022 onward32. On the other hand, 
court  fees  for  claims  of  over  EUR  12  500  were  increased.  The  coalition  agreement  also 
announced the strengthening of the legal  aid  system, and an  additional EUR 154 million  is 
allocated for this purpose for the year 202233. This may help address some concerns reported 
over the past years regarding the available funding for the legal aid system34. Reflections on 
the reform of the system envisaged to be completed by 2025 continue on the basis of a number 
of pilot projects35. 

Pilot projects on innovative ways of administering justice continue on the basis of the Law 
on Experiments in the Administration of Justice36. This law allows for temporary deviations 
from  legal  provisions  applicable  to  the  organisation  of  court  proceedings,  facilitating  pilot 
projects  that  aim  to  develop  innovative  ways  of  administering  justice  to  facilitate  access  to 
justice for citizens37. One example of such a pilot project is the so-called ‘proximity judge’, 
which  aims  to  provide  citizens  with  simple  access  to  court  by  omitting  certain  formal 
requirements. Rules are under preparation by the Government together with the Council for the 
Judiciary for this initiative to be carried out on a larger scale.  

Efficiency 

The  justice  system  continues  to  perform  efficiently  overall  at  first  instance  while 
efficiency has somewhat declined for administrative cases. The duration of proceedings for 
first instance civil and commercial cases is short38, and the clearance rate remains effective39. 
Proceedings  remain  lengthy  at  third  instance,  although  the  average  duration  has  decreased 
somewhat  in  202040.  The  efficiency  of  administrative  justice  has  declined  at  first  instance, 
remained about equal at second instance, and improved at third instance. The rate of resolving 
administrative cases at first instance gradually lowered to 86,3% in 202041, creating some risks 
of backlogs.  

31   Information received in the context of the country visit to the Netherlands. See also 2020 Rule of Law Report, 
Country Chapter on the rule of law situation in the Netherlands, p. 7 and Council for Public Administration, 
A stronger rule of law – connecting and protecting in a pluralistic society, 15 April 2020, as regards the work 
pressure to which the judiciary is subject.  

32   The court fees due by legal entities for claims ranging between EUR 500 and EUR 5 000 were decreased, as 

well as the court fees due by natural persons for claims ranging between EUR 500 and EUR 1 500.  

33   Input from the Netherlands for the 2022 Rule of Law Report, p. 3.  
34   See 2020 Rule of Law Report 2020, Country Chapter on the rule of law situation in the Netherlands, p. 4 and 

2021 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 3.  

35   See 2020 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 4 and 2021 

Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 3.  

36   Experimentenwet rechtspleging.  
37   However, stakeholders stress that this should not lead to circumvention of the regular process for enacting 

laws on the organisation of the justice system.  

38   Figure 7, 2022 EU Justice Scoreboard. 
39   Respectively, 304, 465, and 344 days on average.  
40   Although it decreased somewhat in 2020, to 427 on average.  
41   Figure 13, 2022 EU Justice Scoreboard. 

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The  backlog  of  criminal  cases  due  to  the  COVID-19  pandemic  is  being  reduced 
significantly, while some concerns remain regarding certain elements of the approach. 
The  COVID-19  pandemic  caused  backlogs,  in  particular  for  criminal  cases42.  A  number  of 
specific measures were taken to resolve these backlogs43. The total backlog of criminal cases 
(at first instance) scheduled for trial on 31 December 2021 was 3% above the target level of 17 
March 2020. At the end of 2021, the backlog to be scheduled for hearing at the courts (at second 
instance) decreased overall to 25% below the target level of 17 March 2020. At the same time, 
some concerns remain as to the use of the prosecution service’s power to render a decision 
itself in certain criminal cases44. As pointed out by the National Ombudsman45, citizens should 
be adequately informed in such cases of their right to judicial review and of the consequences 
of such a decision by the prosecution service46.  In that regard,  it is  not  yet  the case that all 
defendants can get a free consultation with a lawyer47. 

II. 

ANTI-CORRUPTION FRAMEWORK  

Institutions  active  in  the  fight  against  corruption  are  in  place  in  the  Netherlands.  The 
competence  to  investigate  and  prosecute  corruption  is  shared  between  several  authorities, 
including the National Internal Investigations Department48 (NIID) (focusing on investigation 
of  bribery  of  public  officials),  the  Fiscal  Intelligence  and  Investigation  Service  (FIOD) 
(responsible  for  the  investigation  of  financial  crimes,  including  foreign  and  commercial 
bribery), the National Prosecution Service (focusing on  the prosecution of bribery of public 
officials),  and  the  prosecution  service  for  Serious  Fraud,  Environmental  Crime  and  Asset 
Confiscation  (responsible  for  the  prosecution  of  commercial  and  foreign  bribery).  The 
cooperation between specialised anti-corruption and intelligence teams within law enforcement 
bodies continues.  

The perception among experts and business executives is that the Netherlands is one of 
the  least  corrupt  countries  in  the  EU  and  the  world.  In  the  2021  Corruption  Perception 
Index  by  Transparency  International,  the  Netherlands  scores  82/100  and  ranks  3rd  in  the 

42   Given that many physical hearings could not be organised between 17 March and 11 May 2020, around 16,000 

criminal cases had to be postponed.  

43   For a detailed description, see 2021 Rule of Law Report, Country Chapter on the rule of law situation in the 

Netherlands, pp. 4-5. 

44   Such decisions cannot impose a prison sentence and may be challenged before a court, see also 2020 Rule of 

Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 6. 

45   National Ombudsman, Proper Provision of Information is the Basis of Access to Justice – Bottlenecks in the 
Provision of Information about Penalties and Dismissal Decisions, see also 2020 Rule of Law Report, Country 
Chapter on the rule of law situation in the Netherlands, p. 6. 

46   In particular, the fact that such a decision by the prosecution service can lead to a criminal record preventing 
the citizen to obtain a ‘declaration of good conduct’,  which he or she may require to obtain work in certain 
sectors. In December 2021, the Ombudsman also addressed a letter to the Minister of Justice and Security and 
the Minister for Legal Protection on the negative consequences for the victims of crimes that are handled in 
this manner.  

47   Information received from the National Ombudsman in the context of the country visit to the Netherlands. 
Following concerns expressed by the Netherlands Bar and Members of Parliament, the former Minister for 
Legal Protection had announced that suspects would be granted a fee consultation with a lawyer. See also 2021 
Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, pp. 4-5. 

48   As  an  investigation  service,  the  Rijksrecherche  is  under  the  authority  and  management  of  the  Board  of 

Prosecutors General of the Netherlands Public Prosecution Service.  

7 

 
                                                 
European Union and 8th globally49. This perception has been relatively stable50 over the past 5 
years. The 2022 Special Eurobarometer on Corruption shows that 50% of respondents consider 
corruption  widespread  in  their  country  (EU  average  68%)  and  8%  of  respondents  feel 
personally  affected  by  corruption  in  their  daily  lives  (EU  average  24%)51.  As  regards 
businesses, 52% of companies consider that corruption is widespread (EU average 63%) and 
12%  consider  that  that  corruption  is  a  problem  when  doing  business  (EU  average  34%)52. 
Furthermore, 48% of respondents find that there are enough successful prosecutions to deter 
people from corrupt practices (EU average 34%)53, while 40% of companies believe that people 
and  businesses  caught  for  bribing  a  senior  official  are  appropriately  punished  (EU  average 
29%)54. 

No overarching anti-corruption strategy is in place, but the Government aims to ensure 
overall coordination of anti-corruption policy through various platforms. The Platform on 
Fighting  Corruption  promotes  cooperation  and  information  sharing  between  anti-corruption 
practitioners within the Government. However, it has not met for the past two and a half years, 
due  to  the  COVID-19  pandemic55.  The  platform  could  play  a  role  in  developing  a  broader 
strategic vision on anti-corruption in the future56, given that currently no overall anti-corruption 
strategy is in place. The Network of Resilient Governance57 focuses on resilience and provides 
support and advice in countering subversive elements, for example in cases of threats against 
municipal  officials.  Finally,  the  Platform  for  Integrity  Management  ensures  the  cross-
Government management of integrity of civil servants of the central Government58.  

Preventing infiltration of organised crime groups in the civil service and police through 
corruption  continues  to  be  a  strategic  priority.  The  extensive  programme  focusing  on 
combating subversive organised crime, which is defined as a crime that undermines the Dutch 
system and institutions, including by  corruption  of law enforcement and  civil  servants,  was 
launched in 2020 and continues to be developed59. The increased focus on fighting subversive 
organised crime has also led to additional funding for institutions fighting corruption, including 

49   Transparency  International  (2022),  Corruption  Perceptions  Index  2021,  pp.  2-3.  The  level  of  perceived 
corruption  is  categorised  as  follows:  low  (the  perception  among  experts  and  business  executives  of  public 
sector corruption scores above 79); relatively low (scores between 79-60), relatively high (scores between 59-
50), high (scores below 50). 

50   In 2017, the score was 82 while in 2021, the score is 82. The score significantly increases/decreases when it 
changes  more  than  five  points;  improves/deteriorates  (changes  between  4-5  points);  is  relatively  stable 
(changes from 1-3 points) in the last 5 years. 

51   Special Eurobarometer 523 (2022). The Eurobarometer data on citizens’ corruption perception and experience 

is updated every second year. The previous data set is the Special Eurobarometer 502 (2020). 

52   Flash  Eurobarometer  507  (2022).  The  Eurobarometer  data  on  business  attitudes  towards  corruption  as  is 

updated every second year. The previous data set is the Flash Eurobarometer 482 (2019). 

53   Special Eurobarometer 523 (2022).  
54   Flash Eurobarometer 507 (2022).  
55   2021 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 8 and Information 
received from the Ministry of Justice and Security and the Ministry of the Interior in the context of the country 
visit to the Netherlands. 

56   Information received from the Ministry of Justice and Security and the Ministry of the Interior in the context 

of the country visit to the Netherlands. 

57   The Network Resilient Governance is a cooperation mechanism between the Ministry of Interior, the Ministry 
of Justice, various professional and representative associations and political parties as well as various experts 
to protect public office holders and make them more resilient to outside influences.  

58   Information received from the Ministry of Justice and Security and the Ministry of the Interior in the context 

of the country visit to the Netherlands. 

59   2020 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, pp. 8-9 and 2021 

Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, pp. 6-7. 

8 

 
                                                 
the National Internal Investigations Department60. The new Government, which took power at 
the start of 2022, intends to allocate additional resources, to focus on fraud and financial flows 
of criminal organisations, and to research whether legal and operational changes modelled on 
Italy’s anti-mafia approach would contribute to the Dutch approach on organised crime61.  

The legal framework on the prevention of, and fight against, corruption remains solid, 
with some changes introduced in 2021.  The law on strengthening the effectiveness of the 
fight against subversive crime, adopted in November 2021, increases the maximum penalty in 
the Criminal Code for issuing threats from 2 to 3 years; and up to 4 years if the threat is against 
public officials, judges, public prosecutors, lawyers, special investigative police officers, and 
journalists or publicists in the context of their journalistic activities62. Although encouraged by 
the UN Convention against Corruption (UNCAC)63, there are no provisions that criminalise 
trading  in  influence.  While  the  Government  has  argued  that  the  existing  criminalisation  of 
bribery is broad enough in scope to cover trading in influence, independent evaluations point 
to the necessity of a legal revision64.  

The  investigation  and  prosecution  of  corruption  and  corruption-related  crimes  is 
effective, with particular attention being paid to the role of organised crime  groups in 
targeting  certain  public  officials.  The  investigation  and  prosecution  of  corruption-related 
offences  continues  to  function  properly,  including  in  high-level  cases,  with  no  immediate 
obstacles signalled by the investigators and prosecutors65. The setting up of a multidisciplinary 
intervention team in the fight against subversive organised crime (NSOC) is progressing and 
is expected to be operational from the second half of 202266. Initial operating processes are 
being  tested67.  Existing projects,  including  the  ‘Combiteam  Ports’68  and the  project  ‘Strong 

60   The NIID has received a structural investment of EUR 3.3 million per year and additional recruitment, with 
15 FTE having been recruited by the end of 2021 and 8 additional FTE being planned for recruitment in 2022. 
See  2021  Rule  of  Law  Report,  Country  Chapter  on  the  rule  of  law  situation  in  the  Netherlands,  pp.  6-7; 
Information received from the Ministry of Justice and Interior and the NIID in the context of the country visit 
to the Netherlands and Input from the Netherlands for the 2022 Rule of Law Report, pp. 6-7. 

61   Dutch  Government  (2022),  Coalition  Agreement,  Chapter  3  –  Security  and  Resilient  Society  and  written 
contribution received from the Netherlands in the context of the country visit to the Netherlands. According 
to  the  Ministry  of  Justice  and  Security  and  the  Ministry  of  the  Interior,  preparatory  work  on  such  steps  is 
already ongoing.  

62   Law of 4 November 2021 and Input from the Netherlands for the 2022 Rule of Law Report, pp. 7-8.  
63   UN Convention Against Corruption, article 18. 
64   Contribution from the Helsinki Committee for the 2022 Rule of law Report; UNCAC (2014), Implementation 
Review, Executive Summary Netherlands, p. 4 and Information received from Transparency International in 
the context of the country visit to the Netherlands.  

65   Information  received  from  police,  prosecution  service  and  NIID  in  the  context  of  the  country  visit  to  the 
Netherlands.  See  also  2020  Rule  of  Law  Report,  Country  Chapter  on  the  rule  of  law  situation  in  the 
Netherlands,  p.  8  and  2021  Rule  of  Law  Report,  Country  Chapter  on  the  rule  of  law  situation  in  the 
Netherlands, pp. 6-7. 

66  Written contribution received from the Netherlands in the context of the country visit to the Netherlands. 
67   Information received from the National Police Internal Investigations Department in the context of the country 
visit  to  the  Netherlands  and  Ministry  of  Foreign  Affairs,  Appreciation  of  the  Cabinet  of  the  European 
Commission 2021 Rule of Law Report, p. 11 and Input from the Netherlands for the 2022 Rule of Law Report, 
pp. 6-7. 

68   The Combiteam ports is active in the Ports of Rotterdam and Vlissingen. 

9 

 
                                                 
Airport’ at Schiphol, focus on both combating organised crime (often drugs-related) and its 
links to corruption of public officials69. 

While work on instruments to tackle foreign bribery cases continues,  the investigation 
and  prosecution  of  such  complex  cases  faces  some  difficulties.  The  authorities  have 
continued  the  implementation  of  two  administrative  instructions  issued  in  2020,  following 
recommendations by the OECD Working Group on Bribery70. One instruction indicates that it 
is possible to prosecute small facilitation payments in foreign bribery cases (in contrast to the 
previous  instruction  that,  until  1  October  2020,  explicitly  stated  that  facilitation  payments 
would not be prosecuted)71. The other provides for sending large out-of-court settlements to an 
independent commission instead of to the Minister of Justice for final approval72. While a final 
arrangement  for  these  out-of-court-settlements  remains  pending  (as  a  legislative  revision  is 
needed),  this  interim  change  is  assessed  positively  overall  by  stakeholders.  It  increases 
transparency and allows  for a swifter  resolution  of foreign bribery cases in  some instances, 
while maintaining post-settlement monitoring possibilities73. A study is ongoing in relation to 
self-reporting of foreign bribery cases, which should inform future work on guidelines for cases 
that  include  self-reporting,  including  a  possible  reduction  in  the  fine  for  the  responsible 
company (in line with a recommendation by the OECD)74. Difficulties in using large datasets 
impact the duration of some foreign bribery investigations75. Certain challenges are also posed 
by the usual difficulties in foreign bribery cases, such as contacts with third countries to execute 
mutual legal assistance requests and complex and time-consuming investigations76.  

Integrity within the police services continues to receive particular attention, while new 
integrity provisions for local  authorities were delayed. This follows the developments in 
relation to the Encrochat case, which saw several police officers and civil servants implicated 
in  corruption  cases,  as  noted  in  the  2021  Rule  of  Law  Report77.  Individual  police,  tax  and 
customs officers remain a target of organised crime, in particular with the objective of obtaining 

69   Input from the Netherlands for the 2022 Rule of Law Report, pp. 6-8 and p. 13 and Information received from 
the Ministry of Justice and Security and the Ministry of the Interior in the context of the country visit to the 
Netherlands. 

70   OECD (2020), Implementing the OECD Anti-Bribery Convention Phase 4 Report: Netherlands and OECD 
(2021),  Implementing  the  OECD  Anti-Bribery  Convention  Phase  4  One  Year  Follow-up  Report:  The 
Netherlands and Input from the Netherlands for the 2022 Rule of Law Report, pp. 18-19. 

71   A facilitation payment is a form of bribery in aimed at speeding up a business deal or facilitating a certain 
transaction or investment. Written contribution received from the Netherlands in the context of the country 
visit to the Netherlands. 

72   Information  received  from  the  FIOD  and  prosecution  service  in  the  context  of  the  country  visit  to  the 
Netherlands and Input from the Netherlands for the 2022 Rule of Law Report, pp. 18-19. So far, 4 settlements 
(out  of  which  2 
this  commission.  See 
https://www.om.nl/onderwerpen/hoge-transacties. 

foreign  bribery)  were  approved  by 

relate 

to 

73   Information received from the Ministry of Justice, Ministry of Interior, prosecution service and FIOD in the 

context of the country visit to the Netherlands. 

74   OECD (2021), Implementing the OECD Anti-Bribery Convention Phase 4 One Year Follow-up Report: The 
Netherlands and Information received from the FIOD and Prosecution service in the context  of the country 
visit to the Netherlands. In addition, the Parliamentary Motion ‘Van Nispen’ of 6 July 2021 has further called 
for such guidelines https://www.tweedekamer.nl/kamerstukken/detail?id=2021Z12872&did=2021D27647.  
75   Input  from the  Netherlands  for the 2022 Rule of Law  Report,  p. 18-19 and Information received  from the 
FIOD and prosecution service in the context of the country visit to the Netherlands. This also relates to the 
topic of legal professional privilege, see Section I.  

76   Information received from the FIOD in the context of the country visit to the Netherlands. 
77   2021 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, pp. 6-7. 

10 

 
                                                 
information78. Implementation of new legislation on the improved screening of police officers 
and  external  consultants  hired  by  the  police  was  delayed,  as  drafting  of  implementing 
legislation  is  ongoing  and  foreseen  to  be  adopted  by  July  202379.  A  special  manager  for 
integrity  was  appointed  and  leads  a  new  unit  focused  on  mainstreaming  integrity  and 
addressing corruption within the entire police force. The manager will also lead a new central 
team to facilitate complex internal investigations, in line with the recommendations of a recent 
audit80. A legislative proposal to strengthen the integrity of local and regional Governments81 
remains pending in  Parliament82. As the initial deadline of 1 April 2022 was not  reached  – 
preventing the new rules from applying to the newly elected local authorities – the Minister of 
the Interior asked local authorities to already apply the new rules, such as the new declaration 
requirements or a risk analysis, on a voluntary basis, prior to their adoption83.  

While some reforms have been initiated in relation to the integrity framework for top 
executive functions in the public sector, some concerns remain. As noted in the 2020 and 
2021 Rule of Law Reports, the non-binding character of the rules for top executive functions 
is  a matter of concern84.  In its  compliance report  of July 2021, the Group of States against 
Corruption (GRECO) regretted the lack of progress in implementing its recommendations85. 
Since the publication of that report, the Government has launched a number of new measures. 
In  particular,  before  the  new  Government  was  appointed  in  January  2022,  candidates  for 
ministers and state secretaries had to use a ‘self-assessment risk analysis’ for the first time86. 
The candidates for ministerial and state secretarial posts had to clearly indicate how they have 
distanced themselves from business interests, and – as a novelty – will have to report on any 
circumstances  during  their  mandate  giving  rise  to  business  or  financial  interests  that  could 
cause a conflict of interest87. This new measure is however only instituted through a letter of 

78   Information  received  from  the  Police,  NIID  and  Prosecution  in  the  context  of  the  country  visit  to  the 

Netherlands. 

79   Input from the Netherlands for the 2022 Rule of Law Report, p. 15 and Information received from the police 
and the Ministry of Justice and Security and the Ministry of the Interior in the context of the country visit to 
the Netherlands. 

80   Input from the Netherlands for the 2022 Rule of Law Report, p. 15, Information received from the police in 
the context of the country visit to the Netherlands and Written contribution by the police received in the context 
of the country visit to the Netherlands.  

81   2021 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, pp. 7-8. 
82   House of Representatives, Legislative Proposal – law to promote integrity and functioning of decentralised 

Governments.  

83   Letter  of  the  Minister  of  the  Interior  to  the  mayors  (2022),  Governmental  integrity:  role  of  the  mayor  in 
screening candidate aldermen and Dutch Association for Counsellors (2022), Minister: watch the voluntary 
declaration of good conduct of new candidate-aldermen. 

84   2020 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 10 and 2021 

Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 8. 

85   GRECO Fifth Evaluation Round - Compliance Report, para. 68. 
86   Ministry  of  the  Interior,  Self-assessment  risk  analysis  integrity  candidate  members  of  Government  and 
Ministry  of  Foreign  Affairs,  Appreciation  of  the  Cabinet  of  the  European  Commission  2021  Rule  of  Law 
Report, p. 12 and 2021 Rule of Law Report and Information received from the Ministry of Justice and Ministry 
of Interior in the context of the country visit to the Netherlands. See also Letter of the Minister President to 
Parliament, State of play of the budget of the Ministry of General Affairs, the budget of the Cabinet of the 
King and the budget of the Committee of Supervision of the Intelligence and Security Services for the year 
2022, p.1-2.  

87   Letter of the Minister President to Parliament (2021), State of play of the budget of the Ministry of General 
Affairs,  the  budget  of  the  Cabinet  of  the  King  and  the  budget  of  the  Committee  of  Supervision  of  the 
Intelligence  and  Security  Services  for  the  year  2022,  pp.  1-3  and  Letter  of  the  Minister  President  to  the 
Parliament (2022), Interests of Government officials. 

11 

 
                                                 
the  Prime  Minister88  and  does  not  provide  for  checks  or  sanctions89.  Overall,  disclosure  of 
assets and interests remains largely a responsibility of the individual in line for a ministerial-
level post and no regular declaration obligations are enshrined into law90. 

The Government is developing a new code of conduct for Ministers and State Secretaries. 
The aim is to inform Parliament on this by the summer of 202291. It is envisaged that the code 
of conduct would include rules on gifts, extra-parliamentary activities and contacts with third 
parties  such  as  lobbyists92,  although  its  ultimate  scope  remains  to  be  confirmed.  Another 
important  aspect  will  be  whether  the  code  would  include  independent  oversight  and  a 
sanctioning mechanism. There are no plans for an overall strategy on integrity, which has been 
criticised  by  stakeholders93.  Regarding  integrity  for  Members  of  Parliament,  the  newly 
established College of Investigation of Integrity (to treat complaints on the Code of Conduct 
for Members of Parliament94) received 108 complaints since the start of its functioning in April 
2021 until March 2022. Only two complaints out of 108, however, fell within the competences 
of the College and were followed up with an analysis and reporting to the Presidium of the 
Parliament, which decides on potential sanctions. One case involved the non-reporting of extra-
parliamentary functions95.  

Reforms of post-employment rules were announced, and need to be set out in legislative 
proposals. By letter of the Minister of the Interior to the Parliament, a number of new measures 
were announced in relation to ‘revolving doors’, specifying that no paid commercial activities 
can be assigned by a ministry to a (company of a) former Minister or State Secretary. A two-
year  cooling-off  period  in  which  former  ministers  and  state  secretaries  have  to  request  a 
recommendation  from  an  advisory  committee  before  moving  to  the  private  sector  was  also 
announced.  These  measures  still  need  to  be  enacted  into  law96.  The  new  Government  has 
committed  to  introducing  these  legislative  proposals  in  Parliament  by  the  end  of  202297, 
although this is not specified in the coalition programme.  

A lobbying prohibition for former Ministers was extended, while further lobbying rules 
are under consideration for Members of the Government. The Netherlands has a voluntary 

88   A letter from a minister in the Dutch system is a form of ‘soft law’ aiming at introducing certain guidelines or 

measures; in this case some measures applicable to ministers and state secretaries. 

89   Written  contribution  from  Transparency  International  received  in  the  context  of  the  country  visit  to  the 

Netherlands.  

90   GRECO Fifth Evaluation Round - Evaluation Report, paras. 97-100. 
91   Information from the Ministry of Justice and Security and the Ministry of the Interior received in the context 
of the country visit to the Netherlands and Ministry of Foreign Affairs, Appreciation of the Cabinet of the 
European Commission 2021 Rule of  Law Report,  p. 12 and GRECO Fifth Evaluation Round  - Evaluation 
report, paras. 66-70. A recent motion by some members of Parliament to immediately institute such a code of 
conduct  for  ministers  and  state  secretaries  was  rejected  in  the  House  of  Representatives.  See  House  of 
Representatives (2022), Motion of members Omtzigt and Dassen. 
92   Input from the Netherlands for the 2022 Rule of Law Report, pp. 9-10. 
93   Information received in the context of the country visit to the Netherlands and  written contribution received 

in the context of the country visit to the Netherlands. 

94   2021 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 8. 
95   Written contribution received from the College of Investigation of Integrity in the context of the country visit 

to the Netherlands. See also College of Investigation of Integrity, Annual Report 2021-2022. 

96   Letter of the Minister of the Interior to the Parliament (2021), Integrity policy for former Government officials, 

pp. 6-8 and Input from the Netherlands for the 2022 Rule of Law Report, pp. 9-10. 

97   Information received from the Ministry of Justice and Security and the Ministry of the Interior in the context 

of the country visit to the Netherlands. 

12 

 
                                                 
and publicly available lobbying register for the House of Representatives in place since 201298. 
There  are  plans  to  introduce  lobbying  rules  for  Governmental  positions  in  a  new  code  of 
conduct  for  the  Government,  while  the  scope  of  the  already  existing  two-year  lobbying 
prohibition for former Ministers and State Secretaries to approach their own former Ministry 
has been extended by ministerial letter to include adjacent policy areas in which the former 
minister  or  state  secretary  was  actively  involved  during  his  or  her  office.  As  with  the 
abovementioned  conflict  of  interest  measures,  these  provisions  remain  only  instituted  via  a 
letter of the Minister of the Interior and are not stipulated by law99. A parliamentary motion 
has called upon the Government to enshrine both the revolving doors and lobbying rules into 
law100. 

The revision of the legal framework on political party financing remains under discussion 
in  Parliament.  As  noted  in  the  2021  Rule  of  Law  Report101,  the  revised  Political  Party 
Financing law aims to introduce clearer rules on foreign donations as well as transparency and 
reporting obligations of gifts to political parties102. The proposal was adopted by the House of 
Representatives in  April 2022, but  the procedure in  the Senate remains ongoing103, with  no 
clear timeline for final adoption of the changes. A proposal for revision of the separate law on 
political parties is envisaged to be presented by the Minister by the end of 2022104. 

The revision of the legal framework regarding whistleblowing is ongoing. The legislative 
proposal aiming at the transposition of the EU Whistleblower Directive was brought before the 
Parliament by the government on 1 June 2021. The Government’s ambition to have the draft 
law rapidly approved was met with criticism by Parliament, which asked for additional time to 
examine it in detail105. Concerns were raised over the draft law’s complexity and the speed of 
the planned adoption process106, while the Council of State voiced its criticism, particularly in 
relation to the complexity of the proposed reporting channels107. Stakeholders describe existing 
whistleblower procedures as cumbersome and fragmented, as they depend on the institution 
that is facing the complaint. The Whistleblowers Authority is not a complete ‘one-stop-shop’, 
and  as  a  result,  whistleblowers  are  faced  with  complex  and  lengthy  referral  and  reporting 
procedures108.  

Corruption risks related to the COVID-19 pandemic remain present, although not many 
such  cases  have  been  detected  in  practice.  An  ad  hoc  group  consisting  of  the  police,  the 

98   2020 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 10 and 2021 

Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 8. 

99   Letter of the Minister of the Interior to the Parliament (2021), Integrity policy for former Government officials, 

pp. 6-8. 

100  Parlement.com, House of Representatives adopts motions about integrity rules for former ministers and state 

secretaries. 

101  2021 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 9. 
102  Input from the Netherlands for the 2022 Rule of Law Report, p. 11. 
103  House of Representatives (2022), Amendment of the law on financing of political parties and Senate (2022), 

Evaluation law on financing of political parties. 

104  House of Representatives (2022), Continuation of the discussion on the evaluation of law on political party 

financing. 

105  Input from the Netherlands for the 2022 Rule of Law Report, pp. 11-12. 
106  Contribution from the Helsinki Committee for the 2022 Rule of Law Report, p. 9 and Information received in 

the context of the country visit to the Netherlands. 

107  Council of State (2021), Summary of the Advice on the Law on Protection of Whistleblowers. 
108  Information received in the context of the country visit to the Netherlands. The Whistleblowers Authority is 
expected to provide advice to whistleblowers and to conduct independent investigations in some cases, see 
also 2021 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 9. 

13 

 
                                                 
prosecution service, the NIID and the FIOD identified corruption-related risks in relation to the 
COVID-19  pandemic  but  did  not  note  many  corruption  cases  actually  materialising109.  The 
Netherlands Enterprise Agency reported that EUR 125.6 million were wrongly paid out (out 
of EUR 7.2 billion, corresponding to 1.74% of the total payments) as part of the short-term 
fixed costs reimbursement scheme instituted during the pandemic110. As noted last year, the 
international  character  of  foreign  bribery  investigations  was  limited  due  to  COVID-19 
restrictions (such as travel restrictions)111. 

III.  MEDIA PLURALISM AND MEDIA FREEDOM 

Constitutional and legislative safeguards continue to underpin a high level of media freedom 
in the Netherlands, including through a functionally independent media regulator and a high 
level of independence in public service media governance and funding. The scope of access to 
information  has  been  broadened.  Local  media  outlets  continued  to  benefit  from  subsidies 
granted to cushion the impact of the COVID-19 pandemic until December 2021112.  

The  Dutch  Media  Authority  has  seen  its  overall  transparency  enhanced.  While  the 
functional  independence  of  the  media  authority  has  not  been  in  doubt  and  finances  are 
considered to be adequate for the accomplishment of its tasks, the precise rules governing the 
duties of the members of the collegiate bodies of the authority have been amended with a view 
to enhancing the overall transparency113.  

The challenges previously identified with regard to transparency of media ownership and 
market concentration persist. While the issue of transparency of media ownership has been 
raised by a Member of Parliament and flagged by several stakeholders114 there have been no 
concrete  legislative  steps  to  address  the  matter.  The  news  media  sector  continues  to  be 
characterised by high market concentration described as ‘consistently at high risk level’ by the 
Media Pluralism Monitor115. The approval of a merger between RTL and Talpa, currently still 
under investigation, could lead to a media landscape dominated by three big players116.  

The  independence  of  public  service  media  governance  and funding  is  guaranteed.  The 
Dutch Foundation for Public Broadcasting is the governing entity of the 13 public broadcasters 
in the Netherlands and is tasked with the distribution and financing of airtime. The Media Act 
provides for fair and transparent appointment procedures for management and board functions 
of  the  Dutch  Foundation  for  Public  Broadcasting.  There  is  consensus  that  this  framework 

109  Information  received  from  the  FIOD  and  prosecution  service  in  the  context  of  the  country  visit  to  the 

Netherlands. 

110  Input from the Netherlands for the 2022 Rule of Law Report, pp.13-14. 
111  Information  received  from  the  FIOD  and  prosecution  service  in  the  context  of  the  country  visit  to  the 
Netherlands and 2021 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 
9. 

112  The Netherlands ranks 28th in the 2022 Reporters without Borders World Press Freedom Index compared to 

6th in the previous year. 

113  Amendment of the Media Act 2008. 
114  2021 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 11; as confirmed 

by information received in the context of the country visit from NVJ.  
115  2022 Media Pluralism Monitor, country report for the Netherlands, p.13. 
116  Noteworthy is that RTL and Talpa are the only two commercial TV stations that broadcast news. The merger 
will  thus  impact  on  the  concentration  of  the  news  market.  There  is  a  broader  variety  of  commercial 
broadcasting activities in the Netherlands, with a number of new stations which operate on the Dutch market, 
but none of them broadcast news. 

14 

 
                                                 
guarantees independence from the Government or other political influence, as also confirmed 
by the Media Pluralism Monitor, which reiterates that there is no evidence of political influence 
in  the  appointment  of  board  members117.  The  Media  Act  prescribes  transparent  and  fair 
procedures  geared  at  ensuring  adequate  funding  of  public  service  media,  also  specifically 
stipulating that such funding shall adequately cater for the online public service missions of the 
public service media without distorting competition. While falling under the Media Act, the 
Dutch Foundation for Public Broadcasting is not mandated to concern itself with media content 
given that the public broadcasters are endowed with editorial autonomy.  

Legislation  geared  at  improving  access  to  information  entered  into  force.  The  Open 
Government  Act  replaces  the  former  Openness  of  Government  Act,  extending  its  scope  by 
covering not only administrative bodies but also constitutional ones, such as both houses of 
Parliament,  and  broadening  the  extent  of  public  documents  which  should  be  proactively 
disclosed.  Furthermore,  the  Act  establishes  a  permanent  independent  advisory  committee 
whose role is to provide advice on the correct implementation of the rules by state bodies. The 
new Act also introduces shortened deadlines for responding to information requests, and the 
introduction  of  a  reinforced  obligation  to  actively  make  certain  types  of  Government 
information available to the public118. While awaiting the entry into force of the Act, the Media 
Pluralism  Monitor  and  civil  society  organisations  reiterated  the  concerns  raised  in  previous 
reports with regard to delays in granting access to information, as well as incomplete answers, 
including with regard to access requests relating to the COVID-19 pandemic119.  

Threats and physical violence against journalists remain an issue of concern, in spite of 
the Government’s continued efforts to counter this phenomenon. The Council of Europe 
Platform to promote the protection of journalism and safety of journalists published three alerts 
for the Netherlands. Two alerts concern physical violence against journalists perpetrated by 
individuals, one of which entailed an attack on the home of a journalist. The third alert concerns 
the  arrest  of  a  journalist  while  he  was  covering  an  environmental  protest120.  Several  other 
attacks  and cases of intimidations were reported on the Mapping Media  Freedom  platform, 
including the murder of investigative journalist Peter R. de Vries on 6 July 2021121. The trial 
in this case is currently ongoing122. To address this phenomenon of violence against journalists, 
the Government has continued to enhance, fund and develop the ‘PersVeilig’ platform aimed 
at  reducing  threats,  violence  and  aggression  against  journalists,  which  has  continued  to  see 
close  cooperation  between  prosecutors,  the  police,  the  Society  of  Editors-in-Chief  and  the 
Association of Journalists123. An initiative which will benefit freelance journalists launched in 
2021, will continue to receive Government support and funds124. While the authorities point 
out that journalists benefit from additional guarantees under the relevant legislation125 with a 

117  2022 Media Pluralism Monitor, country report for the Netherlands, p.16. 
118  However, this part of the legislation will only enter into force at a later date. 
119 2022 Media Pluralism Monitor, country report for the Netherlands, p.10-11. 
120  Council of Europe Platform to promote the protection of journalism and safety of journalists – the Netherlands. 
121  Mapping Media Freedom - the Netherlands; 2021 Rule of Law Report, Country Chapter on the rule of law 

situation in the Netherlands, p. 12. 

122  NOS  (2022),  ‘Public  Prosecution  Service:  murderer  Peter  R.  de  Vries  confirmed  deed  to  client’, 

https://nos.nl/artikel/2419634-openbaar-ministerie-moordenaar-peter-r-de-vries-bevestigde-daad-aan-
opdrachtgever. The verdict in the ongoing criminal proceedings is scheduled for 7 July 2022.  

123  The platform has brought to light that in 2021, 82% of Dutch journalists experienced a form of aggression or 
threat while at work, compared to 61% in 2017; that 29% of journalists are a victim of such incidents on a 
monthly basis and that 93% consider such threats to be a serious threat for freedom of the press. 

124  Input from the Netherlands for the 2022 Rule of Law Report. 
125  The Intelligence and Security Agencies Act. 

15 

 
                                                 
view to protecting their sources126, concerns persist127 in relation to the work of the intelligence 
agencies: monitoring and tapping of digital activities in a certain neighbourhood might reveal 
journalistic sources. 

The  Government  continued  to  provide  financial  support  to  local  media  outlets      in 
response to the COVID-19 pandemic. While the overall economic impact of the pandemic 
on the media sector appears to have been limited with radio, public service media and online 
outlets  all  seeing  their  advertising  revenues  increase,  regional  and  local  newspapers  faced 
greater challenges. The Government continued to subsidise local media outlets until December 
2021. 

IV.  OTHER INSTITUTIONAL ISSUES RELATED TO CHECKS AND BALANCES 

The  Netherlands  has  a  bicameral  parliamentary  democracy  which  provides  for  an  ex-ante 
constitutional  review  of  draft  legislation128.  The  Parliament  is  composed  of  the  House  of 
Representatives and the Senate. Legislative proposals can originate from the Government and 
from members of the House of Representatives. The Council of State gives advisory opinions 
on  draft  legislation.  Independent  authorities  and  civil  society  play  an  important  role  in  the 
checks and balances system. 

All  state  powers  are  engaged  in  drawing  lessons  from  the  childcare  allowances  affair. 
Following  the  Parliamentary  investigation  report  and  the  subsequent  resignation  of  the 
previous Government129, different initiatives and reforms are ongoing to remedy the situation 
and to prevent similar situations from occurring in the future. The Government  has recently 
issued its reaction to the Opinion issued by the Venice Commission on request of Parliament, 
which issued a number of recommendations regarding the executive, legislative, and judicial 
branch130.  In  addition,  the  Government  is  conducting  a  comprehensive  mapping  of  areas  in 
which  legislation  may  cause  undue  results  for  citizens,  including  through  a  wide  citizen 
consultation,  following  a  Parliamentary  motion  in  that  regard131.  Given  the  criticism  of  not 
providing adequate information to Parliament and to the public, the Government now publishes 

126  Input from the Netherlands for the 2022 Rule of Law Report. 
127 2021 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 11 as confirmed 

by the Dutch ministry during the country visit. 

128  Ordinary courts can carry out a decentralised form of ‘constitutional’ review in the absence of a centralised 
constitutional court. This does not include the constitutionality of Acts of Parliament and treaties, pursuant to 
Article 120 of the Constitution.  

129  See 2021 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, pp. 13-14. The 
Parliamentary investigation report concluded that principles of the rule of law had not been respected in the 
implementation of the childcare allowances system. The report found that the implementation of a system of 
subsidies for childcare had led to a large number of citizens being required to repay in full the subsidies they 
had received due to alleged irregularities.  

130  The  Venice  Commission  found  that  ‘In  general,  the  Netherlands  is  a  well-functioning  state  with  strong 
democratic institutions and safeguards for the rule of law’, and that ‘While the shortcomings in individual 
rights protection uncovered in the Childcare Allowance Case are indeed serious and systemic and involve all 
branches of [G]overnment, it appears that eventually the rule of law mechanisms in the Netherlands did work.’. 
Venice Commission advisory opinion (W13.22.0014/III). In its reaction, the Government indicates a variety 
of initiatives and reflection processes that are ongoing in relation to the topics subject to recommendations by 
the  Venice  Commission.  Letter  of  the  Minister  of  the  Interior  and  the  Minister  for  Legal  Protection  to 
Parliament (2022), Government reaction to the Venice Commission Opinion: ‘The Netherlands – Opinion on 
the Legal Protection of Citizens’. 

131  Input from the Netherlands for the 2022 Rule of Law Report.  

16 

 
                                                 
additional information when sending relevant documents to Parliament132. While efforts are 
ongoing to provide financial compensation133, the National Ombudsman concluded in October 
2021 that many citizens affected by the childcare allowances affair still face uncertainty due to 
delays in the treatment of their cases134. The Council for the Judiciary has also issued an advice 
on draft legislation regarding this compensation, in which it requests the Government to further 
clarify  a  number  of  issues.  Reflections  are  also  ongoing  on  structural  reforms135  following 
additional investigations indicating that the tax authorities had not respected the principle of 
equal treatment and non-discrimination in their approach to combat fraud. A full parliamentary 
inquiry136  will  further  investigate  the  affair,  with  hearings  planned  in  early  2023  and 
conclusions of the inquiry planned later that  year. Also the judiciary is  engaged in drawing 
lessons from the childcare allowances affair, within the remit of its competences. The different 
initiatives demonstrate the functioning of the system of checks and balances.  

Initiatives  from  the  side  of  the  judiciary  contribute  to  a  follow-up  to  the  childcare 
allowances  affair.  Following  a  thorough  ‘self-reflection  process’137,  the  Administrative 
Jurisdiction Division of the Council of State concluded that affected citizens did not always 
receive the legal protection they deserved in the childcare allowances affair and drew a number 
of lessons to prevent similar situations from emerging in the future138. In that regard, a new 
approach in the case law of the Administrative Jurisdiction Division of the Council of State 
involves a closer scrutiny of the proportionality of administrative measures139. To ensure that 
bottlenecks  in  the  application  of  legislation  by  the  judiciary  are  signalled  effectively  to  the 
other state powers, the Council for the Judiciary called for a permanent dialogue between the 
different state powers140. In that regard, the Supreme Court and the Council for the Judiciary 
already use their annual reports to flag potentially problematic rules, and the Council of State 
judicial  branch  has  announced  its  intention  to  increase  signalisation  of  such  legislation.  A 
reflection report prepared by a working group of administrative judges also recommended to 
stimulate  possibilities  for  identifying  problematic  cases  between  administrative  judges  and 

132  This  concerns  notably  internal  documents  of  the  relevant  ministries  on  which  the  Government’s  decisions 

communicated to Parliament are based. Input from the Netherlands for the 2022 Rule of Law Report.  

133  Affected citizens are also being granted legal aid through a specifically created regime.  
134  National Ombudsman, Report – Complaint well-founded, but no solution, 11 October 2021.  
135  The Government intends to fundamentally review, simplify, or abolish elements of the various systems for 

financial allocations to citizens. Input from the Netherlands for the 2022 Rule of Law Report.  

136  Parlementaire enquête, which is the Parliament’s most far-reaching instrument to control Government action.  
137  This included conversations with many other involved parties, such as affected citizens, the tax authorities, 
other administrative authorities and other judicial bodies. See also 2021 Rule of Law Report, Country Chapter 
on the rule of law situation in the Netherlands, p. 13.  

138  The  Council  for the Judiciary is consulted on  new laws  in  relation to the administration  of justice, and its 
opinions are adopted after consulting with the courts. See also 2020 Rule of Law Report, Country Chapter on 
the rule of law situation in the Netherlands, p. 14. 

139  See Council of State judicial branch, ECLI:NL:RVS:2022:285, ruling of 2 February 2022. More generally, the 
Council of State concludes that its judicial branch should apply a stricter scrutiny of correctness of information 
provided  by  administrative  authorities,  in  particular  in  cases  where  an  imbalance  of  power  exists  between 
parties. The Council of State will also further stimulate the expression of contradictory views both internally 
and externally, including through cooperation with other judicial and non-judicial bodies, and will adopt a 
more ‘case-by-case’ approach when needed to ensure the legal protection of citizens. Council of State, Lessons 
from the childcare allowances cases, November 2021. 

140  In that regard, the Venice Commission recommended that ‘Channels could be established for the judiciary to 
draw the other branches’ attention to legislation which is giving rise to systemic problems in practice’, Venice 
Commission, The Netherlands – Opinion on the Legal Protection of Citizens, 18 October 2021. 

17 

 
                                                 
courts at lower instances141. These initiatives demonstrate the active role taken by the judiciary 
in providing an adequate follow-up to the findings related to the childcare allowances affaire, 
within the remit of its competences.  

A  State  Commission  on  the  functioning  of  the  rule  of  law  is  being  established,  and 
constitutional amendments have recently been adopted. Following a parliamentary motion, 
the  Government  is  in  the  process  of  establishing  a  State  Commission  that  will  analyse  the 
functioning  of the rule of law in  the Netherlands. On 3 December 2021,  a proposal for the 
assignment  of  the  State  Commission  was  sent  to  Parliament,  having  been  drafted  in 
consultation with representatives of the judiciary142. The draft assignment includes examining 
potential  improvements  to  the  information  exchange  between  the  state  powers  and  to  their 
accessibility,  as  well  as  the  development  of  a  rule  of  law  agenda,  as  recommended  by  the 
Council for Public Administration in April 2020143. The draft assignment also requests the State 
Commission  to  take  into  account  the  recommendations  of  the  Venice  Commission  in  its 
Opinion on the childcare allowances affair. Furthermore, on 5 July 2022, the Senate approved 
in second reading constitutional amendments to explicitly enshrine fundamental rights, the rule 
of law and the right to a fair trial in the Constitution144. The Government Coalition Agreement 
of December 2021 announced the intention to further strengthen the democratic rule of law, 
and also mentioned the possible introduction of a system of constitutional review145 in line with 
an earlier advice of an independent State Commission146, stating that it is to be assessed how 
this would best fit within the Dutch legal system.  

Legislation  is  being  prepared  to  introduce  a  permanent  legal  basis  for  adopting  crisis 
measures.  Stakeholders  and  the  general  public  are  being  consulted  online  on  a  draft  text. 
Following the adoption of the Temporary Act on COVID-19 measures147, Parliament approved 
the prolongation of the duration of the Act several times on the proposal of the Government148. 
The Senate rejected the  fifth  prolongation, and thus the Temporary Act  expired on 20 May 
2022. The Government has announced an amendment of the Public Health Act to provide for 
a permanent legal basis for measures to address crisis situations149. As regards the way in which 
the Government managed the COVID-19 pandemic in the period from its start until September 

141  Report Working Group Reflection Childcare Allowances Affair Courts – Finding Justice in Court, 8 October 

2021.  

142  Input from the Netherlands for the 2022 Rule of Law Report.  
143  Council for Public Administration, A stronger rule of law – connecting and protecting in a pluralistic society, 
15  April  2020.  See  also  2020  Rule  of  Law  Report,  Country  Chapter  on  the  rule  of  law  situation  in  the 
Netherlands, p. 15.  

144  The proposed amendments had been approved by the House of Representatives in second reading on 5 April 

2022, and are now adopted. 

145  In line with an earlier advice of the State Commission on the Parliamentary System in the Netherlands, which 
had advised to introduce the possibility of constitutional review ex post by a Constitutional Court, See above, 
ordinary courts can carry out a decentralised form of ‘constitutional’ review in the absence of a centralised 
constitutional court, and respect for fundamental and constitutional rights is ensured in several other manners. 
See 2020 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 14. 

146  The State Commission on the Parliamentary System in the Netherlands had advised to introduce the possibility 

of constitutional review ex post by a Constitutional Court.  

147  See 2021 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 12.  
148  The  draft  decision  to  prolong  the  Temporary  Act  is  submitted  to  Parliament  before  entering  into  force; 
Parliament can decide to reject the prolongation. See also 2021 Rule of Law Report, Country Chapter on the 
rule of law situation in the Netherlands, pp. 13-14. 

149  See in that regard also Advisory Opinions W13.22.0014/III and W13.22.0059/III of the Council of State of 22 
February 2022 and 20 April 2022, respectively,  which emphasised the importance of amending the  Public 
Health Act as soon as possible, in order to combat future pandemic situations.  

18 

 
                                                 
2020,  the  Dutch  Safety  Board  has  made  a  number  of  recommendations  for  improving  the 
approach to addressing future pandemic situations150. A full parliamentary inquiry will further 
examine the Government’s handling of the COVID-19 pandemic. The continued functioning 
of Parliament was enabled by exceptions in the Temporary Act on COVID-19 measures. The 
courts remained active in their scrutiny of specific COVID-19 measures151. In a high-profile 
case  regarding  the  legality  of  the  temporary  curfew  measure  adopted  in  January  2021,  the 
Supreme Court held that this measure had a sufficient basis in emergency law152.  

A  number  of  key  independent  institutions  are  being  reinforced  through  additional 
funding, and further efforts are made to improve the process for enacting legislation. The 
Government Coalition Agreement announced that independent institutions such as the National 
Ombudsman, the Court of Audit, the Data Protection Authority, and the Advisory Board on 
Regulatory Pressure will be granted additional resources to enable the effective fulfilment of 
their mandate. Furthermore, it envisaged that the factual exchange of information between civil 
servants and Members of Parliament will be improved and that the House of Representatives 
will  be  reinforced  by  increasing  the  structural  financing  of  several  of  its  sections153. 
Additionally,  the  Government  has  appointed  a  National  Coordinator  against  Discrimination 
and  Racism,  and  announced  the  establishment  of  a  State  Commission  against  Racism  and 
Discrimination154.  The  Netherlands  Institute  for  Human  Rights155  has  been  tasked  with 
investigating  the  effect  of  discrimination  on  decision-making  processes  by  administrative 
authorities156.  As  regards  the  process  for  enacting  legislation,  efforts  are  ongoing  to  make 
legislative proposals  more easily  readable and to further improve the website used for their 
online consultation. In addition, the framework for impact assessments is being revised in order 
to ensure its thorough application in the formulation of policy and legislation157. 

On 1 January 2022, the Netherlands had 8 leading judgments of the European Court of 
Human Rights pending implementation158. While the Netherlands’ rate of leading judgments 
from the past 10 years that remained pending was at 40%, the average time that the judgments 

150  Dutch Safety Board, Approach corona-crisis – Part 1: until September 2020, 16 February 2022.  
151  See  for  example:  Supreme  Court,  ECLI:NL:HR:2021:1497  and  ECLI:NL:HR:2021:1568,  rulings  of  22 
November 2021, and Court of Appeal of the Hague, ECLI:NL:GHDHA:2021:2452, ruling of 14 December 
2021.  

152  Supreme Court, ECLI:NL:HR:2022:380. See also 2020 Rule of Law Report, Country Chapter on the rule of 
law situation in the Netherlands, p. 14. The Court of Appeal of the Hague  had quashed a judgment of the 
Hague district court, which found the curfew measure to be unlawful due to a lack of a correct legal basis. The 
Attorney General at the Supreme Court had advised to uphold the ruling of the Court of Appeal. 

153  Government coalition agreement, 15 December 2021. In that regard, the Venice Commission recommended 
that ‘both committees and individual MPs should benefit from sufficient staff and resources that are earmarked 
for scrutiny of the [G]overnment and laws’, Venice Commission, The Netherlands – Opinion on the Legal 
Protection of Citizens, 18 October 2021. 

154  Input from the Netherlands for the 2022 Rule of Law Report.  
155  Accredited with A-status by the Global Alliance of National Human Rights Institutions (GANHRI).  
156  The  College  has  been  given  this  task  in  the  follow-up  to  the  childcare  allowances  affair.  The  College  is 
celebrating  its  tenth  anniversary  in  October  2022,  and  a  second  evaluation  of  the  College  will  start  in  the 
second half of 2022.  

157  Input from the Netherlands for the 2022 Rule of Law Report. See also 2020  Rule of Law Report, Country 

Chapter on the rule of law situation in the Netherlands, pp. 13-14. 

158  The  adoption of necessary execution  measures  for a  judgment by the European  Court of Human  Rights is 
supervised by the Committee of Ministers of the Council of Europe. It is the Committee’s practice to  group 
cases against a State requiring similar execution measures, particularly general measures, and examine them 
jointly. The first case in the group is designated as the leading case as regards the supervision of the general 
measures and repetitive cases within the group can be closed when it is assessed that all possible individual 
measures needed to provide redress to the applicant have been taken. 

19 

 
                                                 
had been pending implementation is 2 years and 10 months159. The oldest leading case, pending 
implementation for 6 years, concerns the irreducibility of a life sentence imposed on a prisoner 
suffering from mental illness160. On 1 July 2022, the number of leading judgments pending 
implementation remains 8161.  

The landscape for civil society organisations remains open, but certain concerns remain 
regarding new legislation applicable to them. The Netherlands continues to have an open 
civil  society  landscape162.  Following  criticism  on  the  draft  legislation  aimed  at  preventing 
undesirable foreign influence by increasing scrutiny of civil society organisations (CSOs)163, 
the  Government  modified  the  draft  bill  to  remove  the  distinction  based  on  the  origin  of 
donations to CSOs and to clarify that a court has to confirm the use of sanctioning powers. 
However, certain concerns remain as to the wide margin of appreciation that mayors would 
have in deciding to request information from CSOs regarding donations and to impose penalty 
payments to enforce such requests. Furthermore, stakeholders also raised concerns as regards 
recent legislation and draft legislation that expand the possibilities to prohibit certain CSOs in 
the interest of public order164, as well as regarding draft legislation that grants additional powers 
to  the  national  Coordinator  for  Counterterrorism  and  Security  (NCTV)  to  collect  personal 
information for anti-terrorism purposes165.  

The  new  Open  Government  Act  has  entered  into  force,  introducing  a  new  legal 
framework for access to Government information. The new Open Government Act entered 
into force on 1 May 2022, introducing a number of changes to the legal framework for access 
to Government information (see Section III). While the new Act reinforces the possibilities to 
obtain  access  to  Government  information,  stakeholders  criticised  the  softening  of  certain 
provisions throughout the legislative process and emphasised that it remains to be seen whether 
the Government will adopt a more transparent attitude towards information provision under the 
new legal framework166. Additionally, the Digital Publications Act entered into force on 1 July 
2021,  providing  for  the  publication  of  administrative  decisions  not  addressed  to  specific 
persons, with the objective of increasing the transparency of such decisions.  

159  All figures are calculated by the European Implementation Network and are based on the number of cases that 
are considered pending at the annual cut-off date of 1 January 2022. See the contribution from the European 
Implementation Network for the 2022 Rule of Law Report, p. 60.  

160  Judgment of the European Court of Human Rights of 26 April 2016,  Murray v. the Netherlands, 10511/10, 

pending implementation since 2016. 

161  Data according to the online database of the Council of Europe (HUDOC). 
162  See the rating given by CIVICUS, ratings are on a five-category scale defined as: open, narrowed, obstructed, 

repressed, and closed. 

163  2021 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, pp. 14-15. 
164 2021 Rule of Law Report, Country Chapter on the rule of law situation in the Netherlands, p. 15. 
165  Information received from civil society organisations in the context of the country visit to the Netherlands. 
166  Information received from civil society organisations in the context of the country visit to the Netherlands. 

20 

 
                                                 
Annex I: List of sources in alphabetical order* 

* The list of contributions received in the context of the consultation for the 2022 Rule of Law report 
can  be  found  at  https://ec.europa.eu/info/publications/2022-rule-law-report-targeted-stakeholder-
consultation_en. 

Centre for Media Pluralism and Media Freedom (2021), Media pluralism monitor 2021 – country report 
on the Netherlands. 

Centre for Media Pluralism and Media Freedom (2022), Media pluralism monitor 2022 – country report 
on the Netherlands. 

Civicus, 
https://monitor.civicus.org/country/netherlands/.  

Monitor 

tracking 

civic 

space 

– 

the 

Netherlands 

College  of  Investigation  of  Integrity  (College  Onderzoek  Integriteit),  Annual  Report  2021-2022 
(Jaarverslag 
2021-2022) 
https://www.tweedekamer.nl/sites/default/files/atoms/files/202202_college_van_onderzoek_integriteit
_-_jaarverslag_2021-2022.pdf.  

Council  for  Public  Administration  (2020),  A  stronger  rule  of  law  –  connecting  and  protecting  in  a 
pluralistic society, 15 April 2020. 

Council of Europe: Committee of Ministers (2000), Recommendation CM/Rec(2000)19 on the Role of 
Public Prosecution in the Criminal Justice System.  

Council  of  Europe:  Committee  of  Ministers  (2010),  Recommendation  CM/Rec(2010)12  to  member 
states on judges: independence, efficiency and responsibilities.  

Council  of  Europe,  Platform  to  promote  the  protection  of  journalism  and  safety  of  journalists  – 
Netherlands https://fom.coe.int/en/alerte?years=2022&typeData=1&time=1653914309287.  

Council of Europe: Venice Commission (2021), The Netherlands – Opinion on the Legal Protection of 
Citizens.Council of State (2022), Advisory Opinion W13.22.0014/III.  

Council  of  State  (2021),  Summary  of  the  Advice  on  the  Law  on  Protection  of  Whistleblowers 
https://www.raadvanstate.nl/@125521/advies-wet-bescherming-klokkenluiders/. 

Council of State Judicial Branch, Ruling of 2 February 2022.  

Court of Appeal of the Hague, Ruling of 14 December 2021. 

Directive (EU) 2019/1937 on the protection of persons who report breaches of Union law. 

Directorate-General  for  Communication  (2022),  Flash  Eurobarometer  507:  businesses’  attitudes 
towards corruption in the EU. 

Directorate-General for Communication (2022), Special Eurobarometer 523: corruption. 

Dutch Association for Counsellors (Nederlandse Vereniging voor Raadslieden) (2022), Minister: watch 
the  voluntary  declaration  of  good  conduct  of  new  candidate-aldermen  (Minister:  let  op  vrijwillige 
Verklaring 
kandidaat-wethouders) 
https://www.raadsleden.nl/actueel/nieuws/minister-let-op-vrijwillige-verklaring-omtrent-gedrag-
kandidaat-wethouders.  

Omtrent 

Gedrag 

Netherlands Bar (2022), Contribution from the Netherlands Bar for the 2022 Rule of Law Report. 

Dutch  Government  (2022),  Coalition  Agreement,  Chapter  3  –  Security  and  Resilient  Society 
https://www.rijksoverheid.nl/regering/coalitieakkoord-omzien-naar-elkaar-vooruitkijken-naar-de-
toekomst/3.-veiligheid-en-sterke-samenleving.  

21 

 
Dutch Government (2022), Input from the Netherlands for the 2022 Rule of Law Report. 

Dutch Safety Board (2022), Approach corona-crisis – Part 1: until September 2020. 

East Brabant district court, Judgment of 22 March 2022.  

European Commission (2020), 2020 Rule of Law Report, Country Chapter on the rule of law situation 
in the Netherlands. 

European Commission (2021), 2021 Rule of Law Report, Country Chapter on the rule of law situation 
in the Netherlands. 

European Commission (2022), EU Justice Scoreboard. 

European Court of Human Rights, judgment of 26 April 2016, Murray v. the Netherlands, 10511/10. 

European Implementation Network (2022), Contribution from the European Implementation Network 
for the 2022 Rule of Law Report. 

GRECO (2021), Fourth Evaluation Round – Evaluation Report on The Netherlands on preventing 
corruption and promoting integrity in central governments (top executive functions) and law 
enforcement agencies.  

Helsinki Committee (2022), Contribution from the Helsinki Committee for the 2022 Rule of Law Report.  

House  of  Representatives  (2021),  Parliamentary  motion  ‘Van  Nispen’  of  6  July  2021 
https://www.tweedekamer.nl/kamerstukken/moties/detail?id=2021Z12872&did=2021D27647. 

House  of  Representatives  (2022),  House  discussed  evaluation  of  law  on  political  party  financing 
https://www.tweedekamer.nl/kamerstukken/plenaire_verslagen/kamer_in_het_kort/kamer-bespreekt-
evaluatie-wet-financiering.  

House of Representatives (2022), Continuation of the discussion on the evaluation of law on political 
party 
financing 
https://www.tweedekamer.nl/kamerstukken/plenaire_verslagen/kamer_in_het_kort/behandeling-
evaluatiewet-wet-financiering. 

House of Representatives (2022), Amendment of the law on financing of political parties (Wijziging van 
de Wet financiering politieke partijen in verband met de evaluatie van deze wet (Evaluatiewet Wfpp) 
https://www.tweedekamer.nl/kamerstukken/wetsvoorstellen/detail?cfg=wetsvoorsteldetails&qry=wets
voorstel%3A35657. 

House of Representatives (2020), Legislative Proposal – law to promote integrity and functioning of 
decentralised  Governments  (Wetsvoorstel  -  Wet  bevorderen  integriteit  en  functioneren  decentraal 
bestuur) 
https://www.tweedekamer.nl/kamerstukken/wetsvoorstellen/detail?id=2020Z15266&dossier=35546. 

House of Representatives (2022), Motion of the members Omtzigt and Dassen on mechanisms to check 
promises  of  candidate  ministers  and  state  secretaries  (Motie  van  de  leden  Omtzigt  en  Dassen  over 
mechanismes 
handhaven) 
https://www.tweedekamer.nl/kamerstukken/moties/detail?id=2022Z07622&did=2022D15392.  

kandidaat-bewindspersonen 

beloftes 

van 

om 

te 

Letter of the Minister of the Interior to the Parliament (2021), Integrity policy for former government 
officials 
bewindspersonen) 
https://www.tweedekamer.nl/kamerstukken/brieven_regering/detail?id=2021Z21910&did=2021D467
17.  

(Integriteitsbeleid 

gewezen 

22 

 
Letter of the Minister President to the Parliament (2022), Interests of Government officials (Belangen 
Bewindspersonen) 
https://www.rijksoverheid.nl/documenten/kamerstukken/2022/01/14/kamerbrief-
over-belangen-bewindspersonen.  

Letter of the Minister President to the Parliament, State of play of the budget of the Ministry of General 
Affairs, the budget of the Cabinet of the King and the budget of the Committee of Supervision of the 
Intelligence  and  Security  Services  for  the  year  2022  (Vaststelling  van  de  begrotingsstaat  van  het 
Ministerie van Algemene Zaken (IIIA), de begrotingsstaat van het Kabinet van de Koning (IIIB) en de 
begrotingsstaat van de Commissie van Toezicht op de Inlichtingen- en Veiligheidsdiensten (IIIC) voor 
het jaar 2022) https://zoek.officielebekendmakingen.nl/kst-35925-III-9.html.  

Ministry of Foreign Affairs (2021), Appreciation of the Cabinet of the European Commission 2021 
Rule  of  Law  Report  (Kabinetsappreciatie  Rechtsstaatrapport  2021  van  de  Europese  Commissie) 
https://www.rijksoverheid.nl/documenten/kamerstukken/2021/10/01/kamerbrief-inzake-
kabinetsappreciatie-rechtsstaatrapport-2021-van-de-europese-commissie.  

Ministry  of  the  Interior  (2021),  Self-assessment  risk  analysis  integrity  candidate  members  of 
Government 
bewindspersonen) 
https://open.overheid.nl/repository/ronl-c3c1b639-c222-4098-9610-4af9b22b2d96/1/pdf/self-
assessment-risicoanalyse-integriteit-kandidaat-bewindspersonen.pdf.  

(Self-assessment 

risicoanalyse 

kandidaat 

integriteit 

Ministry of Justice (2022), Contribution from the Ministry of Justice for the 2022 Rule of Law Report. 

National Coordinator for the fight against Terrorism and Security (2019), National Security Strategy 
https://www.nctv.nl/onderwerpen/nationale-veiligheid-
2019 
strategie/documenten/publicaties/2019/6/07/nationale-veiligheid-strategie-2019.  

National  Coordinator  for  the  fight  against  Terrorism  and  Security  (2021),  Midterm  Review  of  the 
https://www.nctv.nl/onderwerpen/nationale-veiligheid-
National 
strategie/nieuws/2021/03/08/nvs-midterm-review-dreigingen-stellen-nederland-voor-forse-uitdaging. 

Strategy 

Security 

2019 

National  Ombudsman  (2020),  Proper  Provision  of  Information  is  the  Basis  of  Access  to  Justice  – 
Bottlenecks in the Provision of Information about Penalties and Dismissal Decisions.  

National Ombudsman (2021), Complaint well-founded but no solution, 11 October 2021.  

National Ombudsman (2021), Letter addressed to the Minister of Justice and Security and the Minister 
for Legal Protection, on the negative consequences for the victims of crimes that are handled in this 
manner, December 2021.  

OECD  (2020),  Implementing  the  OECD  Anti-Bribery  Convention  Phase  4  Report:  Netherlands 
https://www.oecd.org/corruption/anti-bribery/netherlands-phase-4-report-en.pdf.  

OECD (2021), Implementing the OECD Anti-Bribery Convention Phase 4 One Year Follow-up Report: 
The  Netherlands  https://www.oecd.org/corruption/anti-bribery/The-Netherlands-phase-4-one-year-
follow-up-report-en.pdf. 

Parlement.com  (2022),  House  of  Representatives  adopts  motions  about  integrity  rules  for  former 
secretaries 
ministers 
https://www.parlement.com/9353000/1/j9vvknrezmh4csi/vls9d4bgfsse?s0e=gttln5yj. 

state 

and 

Reporters without Borders – the Netherlands https://rsf.org/en/country/netherlands. 

Senate (2022), Evaluation law on financing of political parties (Evaluatiewet Wet financiering politieke 
partijen) https://www.eerstekamer.nl/wetsvoorstel/35657_evaluatiewet_wet.  

23 

 
State Commission on the Parliamentary System in the Netherlands (2018), Democracy and the rule of 
law  in  equilibrium  –  final  report  of  the  State  Commission  on  the  Parliamentary  System  in  the 
Netherlands. 

Supreme Court, Rulings of 22 November 2021. 

Transparency International (2022), Corruption Perceptions Index 2021.  

(2014), 

UNCAC 
Review, 
https://www.unodc.org/documents/treaties/UNCAC/WorkingGroups/ImplementationReviewGroup/E
xecutiveSummaries/V1403530e.pdf.  

Implementation 

Executive 

Summary 

Netherlands 

Working Group Reflection Childcare Allowances Affair Court (2021), Finding Justice in Court. 

24 

 
 
Annex II: Country visit to the Netherlands 

The Commission services held virtual meetings in March and April 2022 with: 

Instituut voor Informatierecht  

  Commissariaat voor de Media 
  Dutch Foundation for Public Broadcasting  
  Fiscale Inlichtingen- en Opsporingsdienst  
  Free Press Unlimited 
  Huis voor Klokkenluiders  
 
  Ministry of Education, Culture and Science  
  Ministry of the Interior and Kingdom Relations  
  Ministry of Justice and Security  
  Nederlands Juristencomite voor de Mensenrechten  
  Netherlands Helsinki Committee  
  Nederlandse Orde van Advocaten  
  Nederlandse Vereniging voor Rechtspraak  
  Nederlandse Vereniging voor Journalisten  
  National Ombudsman  
  National Police  
  National Internal Investigations Department  
  Prosecution service  
  Raad voor de Rechtspraak  
  Raad voor het Openbaar Bestuur  
  Supreme Court 
  Transparency International 

* The Commission also met the following organisations in a number of horizontal meetings:  

  Amnesty International  
  Article 19  
  Civil Liberties Union for Europe 
  Civil Society Europe  
  European Centre for Press and Media Freedom  
  European Civic Forum 
  European Federation of Journalists  
  European Partnership for Democracy 
  European Youth Forum 
  Free Press Unlimited 
  Human Rights Watch  
 
 
 
  Open Society European Policy Institute (OSEPI) 
  Osservatorio Balcani e Caucaso Transeuropa  
  Philea 
  Reporters Without Borders 
  Transparency International Europe 

ILGA Europe 
International Federation for Human Rights (FIDH) 
International Press Institute 

25